My friend needs stronger ties - News - Jamaica Gleaner - Tuesday | November 5, 2013

My friend needs stronger ties - News - Jamaica Gleaner - Tuesday | November 5, 2013

Dear Miss Powell,

I have a friend who I want to invite to Canada for a couple of weeks in the summer of 2014. She has a mother who is 76 years old, living with her. Do you think it's a good idea to get a letter from her mom stating that the mother is dependent on her child for support? What else can strengthen her application?

- HJ

Dear HJ,

Whenever an individual applies for a temporaryresident visa or visitor's visa, the individual will need to satisfy thevisa officer that she has very strong social and economic ties to Jamaica, that would motivate the individual to return to Jamaica at the end of the time granted to be in Canada. A letter from your friend's mother could help, but she would need to go further by including additional information to strengthen her application.

I have mentioned in previous articles some ways that you can establish social and economic ties. I will outline them again below.

Social ties

1. Proof of dependent family members. Include birth certificate to demonstrate relationship to anyone who is a dependent.

2. Adoption Certificate, if there are adoptive children.

3. Certificate of appointment of guardianship/ court order if she is a legal guardian for someone.

4. Marriage certificate.

5. If she is not married but in a stable, committed relationship, she should include a statutory declaration of common-law union and proof of joint property or bank accounts.

6. Membership in various community groups. If she is on the executive/board, get a letter from the president or one of executives of the group.

7. Professional membership certificates.

If she is leaving her dependent mother for a period of time, who would be responsible for her mother in her absence?

Economic ties

If she is claiming to be responsible for a number of persons, she will need to show that she has the economic resources to maintain them. If she does not show that, the visa office could take the view that she is looking for an opportunity to leave the responsibility behind, or even to seek employment elsewhere illegally to support her family in Jamaica.

There are several ways to establish economic ties. Your friend should include as many documents as possible as proof of :

1. A stable, permanent job, preferably with the same employer for a minimum of one year. The letter from her employer should state annual earnings, the period of time of employment, the vacation time allowed.

2. If self-employed, she should show copies of annual tax returns, business registration or incorporation, proof of contracts or projects.

3. Bank statement of sufficient funds to pay for ticket and trip.

4. If someone else is paying for the trip, that person will need to submit a letter to state that they are financially responsible for the trip along with proof of ability to take on that responsibility (bank statements).

5. Copy of registered land title with her name on the title.

6. If she owns unregistered land, then she will need to show proof that she owns the land legitimately. Include certificate of payment of taxes, and a statutory declaration with a survey, exhibited. If she has unregistered land, she should take steps to make an application to bring the land under the Registration of Title's Act, to make life simple in the future.

7. Rental contract/lease, if she does not own the property in which she lives.

8. Vehicle registration/ title.

9. Any other significant property that she owns, such as boats or industrial machinery.

The above list is not exhaustive. The key is to present as much proof as possible to demonstrate that she can afford the trip, as well as that she has a stronger connection to Jamaica than to Canada, that would require her or inspire her to return at the end of your trip.

Best of luck!

Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaican and Ontario, Canada bars, with office located in Ottawa, Ontario. Her areas of practice are in immigration, commercial, real estate, personal injury, family and administration of estates. She is on the roster of mediators for Ottawa, Toronto and the Dispute Resolution Foundation of Jamaica. Email: info@deidrepowell.com. Subject line: Immigration Twitter: deidrespowell Facebook: jamaicanlawyer